Legislation, Policies and Rules: Oh My! Where School Health Fits in

Legislation and PolicyApril 24, 2015

Welcome

• Introductions

• Warm-Up

• Session Purpose: – Increase skills and knowledge of current state legislation, understand

where health and wellness fits in, and put these policies into action at the ground level.  

– Identify how to use this information to promote, further and sustain school health efforts by meeting the Colorado state law and elevating the importance of health and wellness in schools.

State Legislation and Policy for School

HealthCody Belzley, Vice President,

Health and Strategic Initiatives

Colorado Children’s Campaign

• Founded in 1985• Nonprofit, nonpartisan research and advocacy

organization• Champions policies and programs that

improve:• Child health• Early childhood learning and

development• K-12 education   

1. Mission: To create hope and opportunity in Colorado, more than one million kids at a time.

Why policy matters

Why Policy Matters

• Public policy establishes the legal framework that governs most aspects of our lives, including health and education.

• It establishes (or reinforces) social norms.

• It enables (or prohibits) systemic change.

• It impacts entire populations.

Civics Refresher

Federal -- State -- Local

Federal vs. State Policy

Federal LawCongress creates and passes bills. The

President then signs those bills into law. Federal courts may review these

laws and strike them down if they think they do not agree with the U.S.

Constitution.

Federal Regulation

Regulations are issued by federal agencies, boards, or commissions.

They explain how the agency intends to carry out a law. By law, federal

agencies must consult the public when creating, modifying, or deleting rules.

State Law State legislatures create and pass bills and the governor signs them into law. State courts may review these laws

and remove them if they think they do not agree with the state's constitution.

Local Implementation

Legislative Process

How a bill becomes a law in CO: 1.Bill introduced2. Assigned to committee3. Committee hearing with

public testimony & vote4. Second reading in full chamber5. Third & final reading6. Moves to other chamber

where the process repeats7. If passed, goes to governor for signature or veto

Legislative Process

Legislative Process

At www.leg.state.co.us you can:

• Learn what bills are pending

• View calendar of committee hearings & floor votes

• Learn which legislators serve on which committees

• Find contact information for all legislators

Want more information?

Colorado Politics

• Unique political dynamics

• Colorado is a truly “purple” state

• Local control

• Constitutional dynamics limiting revenue

Guess who?

Senator Michael Bennet

Secretary of Agriculture, Tom

Vilsack

Gov. John Hickenlooper

Secretary of Education, Arne Duncan

State Senate President Morgan Carroll

Amy Dyett, Director, Health and Wellness

Activity Time!

• True or False!

Stand if you think the statement is TRUE

Sit if you think the statement is FALSE

• We will review the answers.

Federal School Health Legislation

In 2004, the federal reauthorization of the Child Nutrition and Reauthorization Act included a requirement that all school districts establish a local wellness policy by 2006 as a condition of receiving federal meal reimbursement.

Federal School Health Legislation

In 2010, the federal reauthorization of the nutrition act, now called the Healthy, Hunger-Free Kids Act (Public Law 111-296) requires schools participating in the USDA’s School Meal Programs to:

• Meet new nutrition standards for breakfast and lunch meal patterns. 

• Address competitive foods with Smart Snacks in Schools.• Strengthen local wellness policies. • State Board Rules related to Competitive Foods still in place.

Federal School Health Legislation

In 2010 Healthy, Hunger Free Kids Act will mandate an update to your Local Wellness Policy.

The main additions to the LWP rules will be (pending public comment due April 2014):

Strengthen LWPs and add rules for public input, transparency, policy implementation and marketing of foods and beverages.

State Education Legislation

House Bill 13-1021 - The Improving School Attendance Act requires each school district to monitor student attendance and to identify each student who is:

Chronically absent (10 percent or more of the school year) Has a significant number of unexcused absences Habitually truant (4 unexcused absences in one month or 10

unexcused absences in one school year)

(C.R.S. 22-33-104 et seq.).

State Education Legislation

Senate Bill 10-191, the Ensuring Quality Instruction through Educator Effectiveness Act, changed the way both principals and teachers will be evaluated in Colorado with the ultimate goal of continuously supporting educators' professional growth and, in turn, accelerating student results.

The new evaluation requirements include opportunities for reflection, review, professional development and growth.

State Education Legislation

Where does Health and Wellness fit into SB 191? The evaluation will be based on statewide Quality Standards:

Establish safe, inclusive and respectful learning environments for a diverse population of students and demonstrating school culture and equity leadership.

Other Licensed Professionals will now be evaluated, which will

elevate the contribution these personnel make to improving student outcomes.

State Education Legislation

Senate Bill 09-163, the Education Accountability Act of 2009, aligned the school and district accountability system into single system.

For school health and wellness, SB09-163 required, for the first time, the reporting of school health and wellness indicators as a measurement of school performance.

The law requires schools to post a link to their local wellness policy and report on specific wellness services, including:

Opportunities for Physical Activity Licensed school nurse

Existence of a wellness committee or team School-based health centers

Required health education and P.E. classes Breakfast participation

Unified Improvement Plans

Senate Bill 09-163, Colorado introduced the Unified Improvement Plan (UIP).

It streamlines the improvement planning components of state and federal accountability requirements to one required plan for all schools and school districts.

Accountability Requirements include: Elementary and Secondary Education Act (ESEA) Student Graduation and Completion Plan (from HB 09-1243) Education Accountability Act (SB 09-163)

Unified Improvement Plans

Where does Health and Wellness fit in? Emphasize how health and wellness strategies support overall

performance at the school and district Allow for accountability for school health outcomes Support for ongoing health-related professional development for all

school staff Encourage data driven decisions Act as the driving force for funding and decision-making Encourage parent and community involvement

• CEI One Pager – Unified Improvement Planning: Overview for Health and Wellness Champions

State Education Legislation

Senate Bill 08-212, also known as “Colorado’s Achievement Plan for Kids” or CAP4K, is a landmark education initiative that creates an aligned preschool to postsecondary educational system.

The law established new standards and new assessments.

For school health and wellness, SB 08-212 created, for the first time,

comprehensive health education and updated physical education standards for Colorado.

State School Health Legislation

• Houes Bill 13-1006: Breakfast After the Bell Nutrition Program. Qualifying schools must offer a free, nutritious breakfast to all students after the first bell. – Law was effective in the 2014-2015 school year for schools with

80%+ of students that qualify for free or reduced-cost meals– Law was effective in the 2015-2016 school year for schools with

70%+ of students that qualify for free or reduced-cost meals

– NOTE: Schools with 1000 students or less were exempt.

State School Health Legislation

Senate Bill 08-129, and a subsequent rule required specific beverage standards for vending machines, a la carte purchases and school stores.

The new standards prohibited all sugar based sodas and other drinks and diet soda in public schools.

NOTE: This is stronger language than the Smart Snacks in Schools rules

State School Health Legislation

House Bill 11-1069, Colorado’s Physical Activity Law, requires all public elementary schools to provide students with a minimum of 600 minutes of physical activity a month (30 minutes per school day).  

Each school district board of education and institute charter school must adopt a physical activity policy that ensures each elementary student’s schedule satisfies the law’s requirements for a minimum amount of opportunity to engage in physical activity.

Colorado Association of School Boards (CASB) has an example policy. Fact Sheet

State School Health Legislation

• House Bill 13-1081, Comprehensive Human Sexuality K-12 Education, updated definition of sexuality education and created a potential grant program at CDPHE.

• House Bill 08-1224, Created Student Wellness grant program at CDE. Now a collaborative effort with Healthy Schools Successful Students.

• House Bill 07-1292, the Healthy Youth Act, calls for the adoption of science-based, culturally relevant and sensitive and medically accurate content standards for the instruction regarding human sexuality that also fosters a positive self-concept.

• Comprehensive Health Act of 1990

State School Health Legislation

Senate Bill 13-283, Implementation of Amendment 64 (Use and Regulation of Marijuana). The use of retail marijuana is prohibited on all school property (C.R.S. 25-14-103.5).

State School Health Legislation

Senate Bill 13-193 - Increasing Parent Engagement in Public Schools requires school districts to appoint a district-level parent engagement liaison to serve as the Colorado Department of Education’s point of contact for parent involvement. District accountability committees and school accountability committees

must increase parent engagement. Schools with a Priority Improvement or Turnaround Plan must include

parent involvement activities in their Unified Improvement Plans (UIP) (C.R.S. 22-32-142).

State School Health Legislation

House Bill 11-1254, Colorado’s Anti-Bullying Law, prohibits discrimination against any student for any reason including on the basis of disability, race, creed, color, sex, sexual orientation, national origin, religion, ancestry, or need for special education services.

The law also defines bullying to include cyber bullying and updates reporting requirements.

Fact Sheet

State School Health Legislation

Senate Bill 97-101, created the School Health Services Program in Colorado, which helps pay for health services for children in public schools. In 2008, subsequent enforcements to the law, CCR 2505-10 and CRS 25.5-5-318, requires reimbursement funds be used to provide enhanced health and health related services to all district students, not just those that qualify for Medicaid services.

State School Health Legislation

• These health services can include, but are not limited to:

Hiring a district wellness coordinator Additional nursing support Nutrition services Medical supplies and equipment Mental health support for students and families Vouchers to provide access to vision/dental/mental health

• CDE Resources• School/Parent Informational Brochure

Emily O’Winter, Jeffco Healthy Schools Coordinator

District-Level and School-Level Policy: What should you know?

• How laws and policy fit together

• What health-related policies should be in place

• Policy revision process

• On the ground: how you can be involved

• Youth Engagement at every level

Youth Engagement

• Youth as true partners (no tokenism please!)

• Youth are a resource to be cultivated, not a problem to be solved

• Policy impacts us, we are experiencing this first hand

• We can give real feedback• Remember: if you want us to be involved

LET us be involved

Jeffco Student Health Advisory Council

• Mission: Pioneering the way toward balanced, healthy lifestyles and a quality learning environment by giving students a voice in health and bringing district-wide awareness and education around physical and mental well-being.

• SHAC is:– A district-level youth council representing Jeffco

students in health– An opportunity for leadership

• SHAC goals:– To give youth a voice in health– To promote health amongst their peers.

State Policy:

• Follow bills as they go through the session

• Know your district’s rules regarding any participation in process

• Know when a bill (federal or state) is final, and next steps at your district

Youth Engagement: State Policy

• Youth testimony at hearings during session

• Meet with lawmakers to discuss concerns

• Real say and real choices about policies that affect them

• Meaningful engagement with youth can lead to new ideas and understanding

Rep. Beth McCann

District Policy

• Policy oversight is a primary role of a Board of Education

• Policies are typically online

District Policies Related to Wellness

• Local Wellness Policy

• Physical Activity

• Health Education (overall, ATOD Education, and Sexual Health Education)

• Tobacco(staff and students)

• Alcohol and Drug (staff and students)

• Prevention of Bullying

A typical district policy will have:

District Policy: How do things look?

• Local Wellness Policy: Fundraising? Federal updates on the way

• Physical Activity: Daily requirement?

• Health Education: (Overall, ATOD Education, and Sexual Health Education) updated to align with new standards and new sexual health law?

• Tobacco (staff and students): Updated for new products and terms, including marijuana?

• Alcohol and Drug (staff and students): Updated for new products and terms?

District Policy: Additions or Revisions

• What:– Annual Reviews – Revisions – Housekeeping – New

• Who: – Oversees policy in your district?

– Reviews and revises policies of interest?

• When

Youth Engagement: District-level

• Policy Education– Make a video – School-level initiatives

• School Without Hate

• Advocacy– Give youth a voice as a valued contributors

• Engage youth in policy assessment and change

School Policies Related to Wellness

Policies established by the school:• Food-Related Policy:

o Celebrations, rewards, fundraisers

• Physical Activity Policy:o 30 minutes a dayo Withholding PE/PA as punishment

• Tobacco

• Class-related: health and PE required

School Policy On the Ground

Google: Jeffco Healthy Schools and follow link to policy, or go to:

http://tinyurl.com/jeffcoschoolwellnesspolicy

Student Engagement: School-Level

● Making sure leaders feel the youth voice is important

● Student awareness and understanding about school-level

policy

○ How it affects their daily life

○ How it affects their school

● Advocacy for change you want to see

● Youth-Adult partnership

○ Youth opinion regarded as equal

○ Adult encouragement towards youth

Activity

Youth As Advocates

• Advocacy trainings for youth• Giving youth a voice and a space to

be heard• Set up a way to give youth a voice• Encourage youth to engage and

participate

District and School Policy: What is your role?

In the stacks of policy and other work, how do we make wellness a priority?

• Know your wellness policies and be a voice!• Engage youth as partners in the process!• Link H&W to academics• Link school policy to district policy

Be Advocates!

Your voice matters

Your Voice Matters

How to be a good advocate

Being an “expert” is not a requirement! The most effective advocate is one who believes in what he or she is promoting and whose sincerity and

commitment to the subject are readily apparent.

Know your elected officials and their contact information  • Federal, state, and local level representatives • To identify your state senator, state representative and state board of

education representatives, and to access their contact information, enter your zip code at www.votesmart.org.

• Visit your school district website to find your local school board members.

Communicate with your elected officials! • Write letters or emails, call them, or meet with them in person.• Be respectful, knowledgeable, clear, and concise.

Your Voice Matters

How to be a good advocate

Communicate with your community• Contribute editorials to your local newspaper• Write blog posts• Host events• Talk to your friends about what is important

to you

Be yourself and tell your story• Your story is the most important thing you

can share• Are you a parent? What is most important to

you regarding your children?

Your Voice Matters

By making your voice heard, you are helping to ensure that all Colorado kids have access to stimulating experiences that let them discover, learn and grow.

“If you think you are too small to make a difference, try sleeping with a mosquito.”-Dalai Lama XIV

Thank you!

Please fill out your evaluation form and leave it on your table.

For more resources and information, visit www.coloradoedinitiative.org.